영업정지처분취소
1. The plaintiff's claim is dismissed.
2. The costs of litigation shall be borne by the plaintiff.
1. Details of the disposition;
A. The Plaintiff is a company that runs a wholesale and retail business, etc.
B. On November 30, 2016, the Plaintiff imported Scream 1,220km in France, and filed an import declaration with the Commissioner of the Regional Food and Drug Administration around November 30, 2016, and the Superintendent of the Regional Food and Drug Administration notified the Plaintiff on December 9, 2016 on the ground that germs exceeding standard values were detected as a result of conducting an inspection on the said Acccck.
C. The Ministry of Food and Drug Safety confirmed the following circumstances: (a) although the Plaintiff filed an import declaration on August 19, 2016, the ice Cream and the period for the manufacture and distribution of the said ice Cream are the same, the said ice Cream and the period for the same production and distribution was accepted as “competing.”
As a result of the Plaintiff’s inspection of the ice cream (excluding the 1,040km sold by the Plaintiff at store around August 19, 2016, excluding the 1,040km 1,04 g, imported by the Plaintiff from among the ice 1,196 g, hereinafter “the ice cream”) in a warehouse for air freight, the Defendant discovered scale in excess of the standard value, and requested the Plaintiff to discard the ice cream together with the suspension of sale of the ice cream around December 19, 2016.
E. After that, on January 4, 2017, the Defendant issued an order to discard the instant ice forest, along with a five-day disposition of business suspension (hereinafter “instant disposition”) based on Article 29(1)10 of the Special Act on Imported Food Safety Control, Article 4(5) and (6) of the Livestock Products Sanitary Control Act, and Article 46 and [Attachment Table 13] of the Enforcement Rule of the Special Act on Imported Food Safety Control (hereinafter “instant disposition”).
[Reasons for Recognition] Unsatisfy, Gap evidence 7, Eul evidence 1 to 6 (including branch numbers in case of additional number), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion 1 livestock products are non-existent.